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HomeMy WebLinkAbout06-17-2025-Planning Board Minutes Mary Ann Barr 2021 Planning Board Minutes Tuesday 17 June 2025 at 7:00PM The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov PRESENT: Jacob Colbert Scott Davis (arrived 7:05) Jodi Scriber Jamie Vauncchi Kelly Maher ABSENT: Ed Bergman Colleen Cowan OTHER ATTENDEES: Town Planner Greg Hutnik Recording Secretary Cindy Katz Public (in-person) Brody Burroughs; Rebecca Plante; Jacob Boyett; Gavin Pataki; Pacific Austin; Leslie Connors Public (virtual) Gopi, Ronda Roaring, Katharine Hunter, Ted Crane, Earl Hicks, Ann Michel, Angela, Joel Gagnon, Hasham Qaisar, Ryan M, Susan MINUTES (1) CALL TO ORDER/AGENDA REVIEW The meeting was called to order at 7 pm. There were no additions or deletions to the agenda. (2) PRIVILEGE OF THE FLOOR No one spoke (3) APPROVAL OF MINUTES Planning Board members decided to vote on minutes at the end of the meeting in order to have a quorum. (4) TOWN BOARD LIAISON REPORT (VERBAL)  Heat pumps to be installed in the Town Hall  Jennings Pond to open July 4th weekend for swimming  New efforts in regards to code violations and delinquent buildings  Lowering speed limits in various locations around town (5) DEVELOPMENT REVIEW SPR 2025-02 130 Jersey Hill Road Parcel: 1.-1-19.16 Applicant: Jacob Boyett Anticipated Board Action(s) this Month: Review Application, Public Hearing, Consider Request Zone: Rural 1 SEQR Type: Type 2 Proposal: Build single family residence on vacant lot Jacob & Gavin, contractors for owners, approached the board and provided a brief overview of their plans to build a single family house in rural 1. Planner Hutnik shared the natural resource map on the large screen, and they reviewed the parcel and the set- backs, noting that the site is fairly wooded, adjacent to the Lick Brook Natural Area, and a stream buffer. The applicants intend to retain the front buffer of trees, and keep vegetative screening areas between the house and neighbors. Public Hearing The public hearing opened at 7:10 p.m. No one spoke. The public hearing closed at 7:10 p.m. MOTION: Approve Resolution #8 of 2025 Granting Preliminary and Final Site Plan Approval for Single House Dwelling at 130 Jersey Hill, parcel 1.-1-19.16 with the condition of dark sky compliance. Moved by Colbert, seconded by Scriber The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi, Maher SUB 2025-01 64 Valley View Road Parcel: 17.-1-1.2 Applicant: Ann Michel Anticipated Board Action(s) this Month: Review Application, Declare Lead Agency and Determine Environmental Significance, Schedule Public Hearing, Zone: Hamlet Neighborhood SEQR Type: Unlisted Proposal: Minor Subdivision (one lot subdivided into two lots) Applicant Ann Mitchel provided an overview of her application over Zoom. They discussed the parcel, viewing the survey on the large screen and noting its unique bifurcation This parcel is completely separated from the rest of her parcel, separated by 34/96. Planner Hutnik explained that usually a “de facto subdivision” happens in cases where a road divides a parcel. In these instances, the subdivision goes straight to the county and does not need approval from the Planning Board. However, because of previous history on this parcel, the town’s attorney recommended going through the approval process in order to make the transfer of the land “air tight.” Tonight, the Planning Board can declare lead agency and conduct environmental review. They reviewed the aerial view of the land, noting the natural features. They discussed the flag that popped up from the state database related to the Northern Harrier habitat. Planner Hutnik explained that the DEC already responded to the applicant that a subdivision would not result in a negative impact on the bird, although future development might. While the bird is not “threatened” according to a quick web search, Connors added that it is losing habitat, as it requires fields. Planner Hutnik responded to a question from Davis that up to four homes could be put on the parcel by right since the parcel is in the Hamlet. They discussed how to procedurally ensure that the DEC approve any future development in terms of protection of the Northern Harrier. SEQR They reviewed SEAF parts one and two, noting slight difference in acreage numbers. There were no changes or edits made to the documents. MOTION: To Pass Resolution #9 of 2025 Declaring the Planning Board Lead Agency and Determining that the Proposed Minor Subdivision at 64 Valley View Road Will Not Result in any Significant Adverse Environmental Impacts. Whereas an application has been submitted for review and approval by the Town of Danby Planning Board for a Minor Subdivision of Town of Danby Tax Parcel No. 17.-1-1.2, by Ann Michel, Owner; and Whereas the Applicant proposes to subdivide the existing 103.41-acre property into two parcels: one measuring 7.19 acres and the other 96.22 acres; and Whereas the property is in the Hamlet Neighborhood Zoning District, which does not have a required minimum lot area; and Whereas this is considered a Minor Subdivision in accordance with the Town of Danby Subdivision and Land Division Regulations, Article II, § 201 B.1. Minor Subdivision, Option #2 -- A small-lot land division is permitted, where the division results in a lot or lots of less than 8 acres, provided that the following criteria are met: a. No other division(s) or subdivision(s) involving the parcel being divided except for Land Annexation have taken place within the previous three (3) consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road, public utility, or public facility or area is involved. f. Compliance with the Stormwater Local Law, if applicable, has been demonstrated, including, but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the design, planning, installation, construction, maintenance, and improvement of temporary and permanent Stormwater Management Practices, as each and all of such capitalized terms are used within such Stormwater Local Law; and Whereas this is an Unlisted Action under the Town of Danby Environmental Review of Actions and the State Environmental Quality Review Act and is subject to environmental review; and Whereas the Town of Danby Planning Board, having sole responsibility for approving Minor Subdivisions, declares itself Lead Agency for SEQRA; and Whereas this Board, acting as Lead Agency in environmental review accepts as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Owner, and Part 2, prepared by the Planning Administrator; and other Sketch Plat application materials; Now Therefore, be it Resolved that the Town of Danby Planning Board, based on careful consideration of the application materials, determines the proposed Minor Subdivision will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Moved by Davis, seconded by Vanucchi The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi, Maher MOTION: Schedule a Public Hearing for a Minor Subdivision at 64 Valley View Road for July 15th 2025. Moved by Maher, seconded by Colbert The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi, Maher Planner Hutnik reminded the applicant to be sure the appropriate text block was put on the survey. VAR 2025-03 1562 Coddington Road Parcel: 6.-1-28.12 & 6.-1-28.11 Applicant: Kari Krakow Anticipated Board Action(s) this Month: Subdivision classification; Referral to the Board of Zoning Appeals Zone: Rural 1 Proposal: Annexation request between neighbors will result in a more non-conforming lot and therefore requires an Area Variance before the annexation can be administratively approved. Planner Hutnik explained that because both lots in this annexation are non-conforming, the town attorney recommended the case come before the Planning Board. If what is proposed goes through, one lot will become even less conforming while the other one will become more conforming. The town attorney therefore recommended that the case be classified and then referred to the BZA for a variance. Planner Hutnik recommends it be classified as an annexation by the Planning Board, and he also noted that no environmental review is required. Davis asked if they could also add a recommendation that the BZA approve the variance request. Planner Hutnik noted there is a stream running through the land to be annexed and that the applicant intends to preserve the stream and ensure no development. They examined the survey and aerial view, seeming to all agree that the exchange makes sense. MOTION: To Approve Planning Board Resolution No. 10 of 2025 – Annexation classification, 1562 Coddington road, Tax Parcel #6.-1-28.12, & 741 E Miller Road, tax parcel #6.-1-28.11, referral to the BZA for Area Variance Review, & Recommendation of that the BZA rule favorably for the proposed action. Whereas an application has been submitted for review and approval by the Town of Danby Zoning Officer for a Land Annexation between Town of Danby Tax Parcel No. 6.-1-28.11 and Tax Parcel No. 6.-1-28.12, by Kari Krakow, Applicant; and Whereas the Applicant owns a 3-acre property addressed as 741 E Miller Road, Tax Parcel No. 6.-1-28.11, and wishes to purchase 1.25 acres from the adjacent 9.75-acre property addressed as 1562 Coddington Road, Tax Parcel No. 6.-1-28.12; and Whereas both properties are in the Rural 1 Zoning District, requiring a lot area minimum of 10 acres and lot depth of 800 feet; and Whereas both lots, being less than 10 acres in area, are non-conforming; and Whereas the Land Annexation request would further increase the non- conformity of the property at 1562 Coddington Road by reducing it from 9.75 to 8.5 acres; and Whereas this action would require discretionary approval of an Area Variance by the Board of Zoning Appeals; and Whereas per Section 201(I)(A)(4) of the Subdivision Regulations pertaining to Land Annexations, if any discretionary review is required, including environmental quality review, the matter shall be referred to the Planning Board for subdivision classification and review; Whereas this is a Type II Action under 6 NYCRR 617.5(c)(16), (17), and (33) and exempt from environmental review; Now Therefore, be it Resolved that the Town of Danby Planning Board classifies the proposal as a Land Annexation; and Resolved that the Town of Danby Planning Board refers the application to the Board of Zoning Appeals for an Area Variance review. Resolved that the Town of Danby Planning Board recommends that the BZA rule favorably for the proposed action and land annexation. Moved by Davis, seconded by Scriber The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi, Maher SUB 2025-02 365 Troy Road Parcel: 3.-1-9.3 Applicant: Hasham Qaisar Anticipated Board Action(s) this Month: Sketch Plat Review; Consider taking Lead Agency & Notify the BZA; Qaisar, the representative of an LLC owner, gave an overview of the application over Zoom. Planner Hutnik added that this is a subdivision that needs an area variance. He reviewed requirements in the low density residential area, where two acres per lot is required. However, in this proposed subdivision, one lot is .2 acres short. Planner Hutnik explained that because this subdivision requires a variance as well as environmental review, both the Planning Board and the Board of Zoning Appeals are involved. Each board could elect to do its own review, or they could elect to collaborate with one agency becoming the lead agency and conducting the review. Planner Hutnik suggested that this could be the Planning Board, as they have more experience with environmental reviews. They discussed the process for this application and how it will take three months and include the BZA. They discussed the circumstances in which site plan review would be required. Planner Hutnik put a lot density analysis on the large screen. They viewed the various neighboring parcels, noting that many are non-conforming (smaller) lots. MOTION: Approve Resolution No 11 of 2025 for the Planning Board to express their interest in serving as lead agency for a minor subdivision at 365 Troy Road, tax parcel #3.-1-9.3 Whereas an application has been submitted for review and approval by the Town of Danby Planning Board for a Minor Subdivision of the Town of Danby Tax Parcel No. 3.-1-9.3, by Hasham Qaisar, Owner; and Whereas the property is in the Low Density Residential Zone District, which requires a minimum lot area for new lots of 2 acres; and Whereas one of the proposed lots of the Minor Subdivision is 1.812 acres; and Whereas an Area Variance for lot area reduction would be needed prior to subdivision approval; and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas the Board of Zoning Appeals and the Planning Board are involved agencies in the SEQRA process; and Whereas the Planning Board wishes to serve as Lead Agency in a coordinated environmental review; Now Therefore, be it Resolved that the Town of Danby Planning Board authorizes the Town Planner to send a Notice of Intent to serve as Lead Agency in the coordinated environmental review of the Minor Subdivision to the Chair of the Board of Zoning Appeals. Discussion: Vanucchi asked about the “burial grounds” note. Planner Hutnik explained that he understood from the old deed that this reference is not pre-colonial/indigenous but rather a family graveyard. However, no stones have been located, and the language in the deed as well as other indicators, according to the town attorney, may actually indicate that while there were plans for a nearby burial ground, it may never have been built. Moved by Maher, Vanucchi seconds The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi, Maher They reviewed the timetable for the application, with the shortest timeline meaning a decision in August. [6] ALTERNATE PLANNING BOARD MEMBERS – DISCUSSION They discussed what having an alternate Planning Board member would look like. Planner Hutnik read from the law, pointing out a disagreement on whether the law requires two alternates to be appointed or just one. Town Board Member Connors suggested appointing one, noting logistical confusion with two and the need for more training. They discussed that the alternate would be permitted to vote whenever there was an absence of a Planning Board member. They seemed to have consensus on appointing a single alternate rather than two who would attend meetings on an alternating basis. Planner Hutnik explained this change can be made by the regulatory committee and then sent to the Town Board for approval. They also discussed how the Town Board passes amendments to law and the Planning Board members expressed their hope that any changes to the zoning law would be brought first to the Planning Board for them to look over before the Town Board instituted them. [7] PLANNER REPORT (VERBAL)  Planner Hutnik announced he is expecting a new child and will be taking time off. He will likely not be present in August.  The Regulatory Review committee is continuing to work and is nearing readiness.  There are concerns that the Federal government funding for the home rehabilitation may be slashed next year, so the town is applying now for another round of grants while the funding is still available.  Town Hall accessibility being worked on and possibly combined with the crosswalk.  Hunt Engineers are working with the town to examine what it would look like to create a potential sewer district. This will be long process of nearly a year and will involve community meetings.  The community farm project on Hornbrook will likely come back to the Planning Board in July. They discussed the project, the particular concerns regarding the parcel and its wetlands, the role of the Planning Board, and the potential process the applicants may take in seeking approval. [8] MINUTES APPROVAL MOTION: To approve the May 2025 minutes. Moved by Maher, seconded by Davis The motion passed. In favor: Colbert, Davis, Scriber, Vanucchi Abstain: Maher [9] ADJOURNMENT Meeting adjourned at 8:39 pm. ---- Cindy Katz, Recording Secretary